New South Wales and Victoria class 3 heavy vehicle long livestock semitrailer deck length exemption (Notice) 2014 (No. 1)

HEAVY VEHICLE NATIONAL LAW

NEW SOUTH WALES AND VICTORIA CLASS 3 HEAVY VEHICLE LONG LIVESTOCK SEMITRAILER DECK LENGTH EXEMPTION (NOTICE) 2014 (No. 1)

Purpose

1. The purpose of this Notice is to exempt semitrailers used to carry livestock from the limit on the deck length available for the carriage of animals stated in section 4(6) of Schedule 6 of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation (the Regulation).

Note –This instrument is an exemption from the dimension requirement that a trailer built to carry cattle, horses, pigs or sheep on 2 or more partly or completely overlapping decks must not have more than 12.5m of its length available to carry livestock. This instrument does NOT exempt these vehicles from other requirements of the Heavy Vehicle National Law including, but not limited to, mass and other dimension requirements.

Authorising provision

2.       This Notice is made under section 117 of the Heavy Vehicle National Law as in force in each participating jurisdiction (HVNL) and section 69(1)(a) of the Heavy Vehicle (General) National Regulation.

Title

3.       This Notice may be cited as the New South Wales and Victoria Class 3 Heavy Vehicle Long Livestock Semitrailer Deck Length Exemption (Notice) 2014 (No. 1).

Commencement

4.       This Notice commences on 10 February 2014.

Expiry

5.       This Notice expires on 9 February 2019.

Definitions

6.       Unless otherwise stated, words and expressions used in this Notice have the same meanings as those defined in the HVNL.

7.       In this Notice—

‘Long livestock semitrailer’ means a semitrailer with a maximum length of 14.6 metres and a distance from the front articulation point to the rear of the semitrailer that does not exceed 13.2m that is used for carrying livestock.

Application

8.       This Notice applies to long livestock semitrailers as specified in the Schedules.

9.       This Notice applies in New South Wales and Victoria.

Exemption from prescribed dimension requirement

10.   This Notice exempts a long livestock semitrailer from—

(a)    the requirement in section 4(10)(c) of Schedule 6 of the Regulation that a trailer with a distance from the front articulation point to the rear of the semitrailer may be up to 13.2m if the trailer otherwise complies with dimension requirements; and

(b)    the limit on the length of deck available for the carriage of animals specified in subsection 4(6) of Schedule 6 of the Regulation.

Conditions

11.   The semitrailer may only be used in a combination consisting of a prime mover towing a single semitrailer.

12.   The semitrailer must not have more than 2 decks.

13.   The semitrailer must not carry cattle on more than one deck.

14.   The deck length available for the carriage of livestock must not exceed the total length of the semitrailer.

15.   The lower deck of the semitrailer must be fully loaded before the upper deck is used.

16.   The driver and operator of the vehicle must comply with all conditions set out in the Schedule for a participating jurisdiction when the vehicle is being used in the jurisdiction to which that Schedule applies.

Note - Nothing in this notice exempts the driver or operator of the vehicle from complying with legislation regulating the use of heavy vehicles, including but not limited to:

1. compliance with mass and  other dimension requirements in the HVNL;
2. compliance with traffic signs, including those indicating mass limits or dimension limits;
3. compliance with vehicle standards in the HVNL; and
4. compliance with lawful directions of authorised officers.

17.   A vehicle operating under this Notice is limited to transporting cattle, pigs, sheep or goats.

Declaration

I, Richard Hancock, delegate of the National Heavy Vehicle Regulator declare that a long livestock trailer is exempt from the requirements of subsections 4(6) and 4(10)(c) of Schedule 6 of the Regulation, provided the vehicle complies with the conditions in this notice.

29th January 2014

Dated

Richard Hancock

Chief Executive Officer

National Heavy Vehicle Regulator

SCHEDULE 1 – NEW SOUTH WALES

Application

1. This Schedule applies to a long livestock trailer where distance from the lowest deck to the top of the trailer does not exceed 2.1m.

Areas or routes

1. A vehicle operating under this Notice may use all roads in NSW.

SCHEDULE 2 – VICTORIA

Application

1. This Schedule applies to a long livestock trailer that—

(a)    is being towed by a prime mover with 3 axles; and

(b)    has a tri-axle group; and

(c)     has a maximum height of 3.9m.

Condition Areas or routes

2.       A vehicle operating under this Notice may use all roads in Victoria.